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1. As to KRW 45,232,532 and KRW 12,650,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 12,650,000.
Reasons
1. Basic facts
A. On March 11, 2014, the Plaintiff leased the entire amount of KRW 13,00,000 (value-added tax) monthly rent of KRW 13,00,000 for KRW 50,000,000 for the fourth floor of Yongsan-gu Seoul Special Metropolitan City (hereinafter “instant building”) owned by the Plaintiff to the Defendant on March 11, 201, and the period of lease from March 11, 2014 to June 10, 2015; the period of lease from March 11, 2014 to June 10, the late payment was to be added to 12% per annum for the delayed payment of rent (hereinafter “instant lease”); and the Defendant operated a health club in the said building, which includes sand or facilities.
B. The instant lease agreement includes the following special terms and conditions.
3.The lessee (Defendant B) shall bear such taxes and public charges as are related to the operation of this rental club, including management expenses (including management expenses for common use), electricity, water supply, washing cost, and personnel expenses.
5. On March 11, 2014, the lessee (Defendant B) pays KRW 2,40,000 as a substitute for delinquent management expenses and public charges, out of KRW 50,000,000,000,000,000,000,000,000,000,000 in lieu of public charges, and concluded this lease contract on July 2014, subject to the appropriation of the body of the former lessee, to reduce the amount of KRW 1,50,00,00 between the private letter and the non-public letter, and to pay the normal rent from October 2014.
C. Meanwhile, the Plaintiff was entitled to KRW 12,00,000,000 (value-added tax) reduced from KRW 13,000,000, which was agreed on monthly rent from the Defendant, from KRW 13,000,000, as well as the monthly rent from October 2014.
The defendant, around the end of 2014, had D Co., Ltd. (the representative director seems to be E) allow D Co., Ltd. to use the instant building without the plaintiff's consent, and on December 31, 2014, the plaintiff entered into a new lease agreement with D Co., Ltd. on the lease of the instant building with the monthly rent of KRW 10,00,000, and the lease period of the instant building from January 1, 2015 to December 24, 2015, the above D Co., Ltd. decided to succeed to the rent for November 2014 and December.